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State Taxes State Constitutions

Orrick, Herrington & Sutcliffe LLP

California Supreme Court Blocks Sweeping Measure to Limit State and Local Authority to Implement Taxes

The California Supreme Court has blocked Initiative 1935—the so-called “Taxpayer Protection and Government Accountability Act”— from appearing on the November 2024 ballot. The court ruled unanimously that the “measure exceeds...more

Brownstein Hyatt Farber Schreck

CA Supreme Court Blocks Taxpayer Protection Act from November 2024 Ballot

Constitutional limitations to raising revenue are becoming increasingly relevant for water and other governmental agencies as well as their customers and landowners in response to aging infrastructure, climate change and...more

Foster Garvey PC

The Tumultuous Journey of the Washington State Capital Gains Tax Continues

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I have reported in several prior blog posts the significant events impacting the newly enacted Washington state capital gains tax. The turbulent ride of this legislation continues!...more

Sherman & Howard L.L.C.

Possessory Interest Tax

Public entities, including the state, counties, cities, towns, and other municipal corporations and public libraries, are generally exempt from taxation. Property owned by public entities is also tax‑exempt. However, when a...more

Jones Day

Pennsylvania Court Strikes Down Participation in the Regional Greenhouse Gas Initiative

Jones Day on

On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more

Perkins Coie

Washington Capital Gains Tax: More Questions, Tentative Answers

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Nearly two years after being enacted by the state legislature, and one year after being struck down by a lower court, the Washington state capital gains tax has been reinstated as constitutional, and the first returns and...more

Foster Garvey PC

When It Rains, It Pours in Washington State – The Washington Supreme Court Upholds the 2021 Enacted Capital Gains Tax

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It is a rainy day in the Pacific Northwest with chances of snow showers. For those taxpayers that reside in the state of Washington or own highly appreciated capital assets located in the state, their day just got a bit...more

Stoel Rives LLP

Court Reviews New Washington Capital Gain Tax

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Effective January 1, 2022, Washington imposes an excise tax on an individual’s long-term capital gains from the sale of stock, bonds, and other assets exceeding $250,000 if the assets were located in Washington at the time of...more

Foster Garvey PC

Taxpayers Take a Hit in the Washington Capital Gains Tax Battle

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By motion dated November 3, 2022, the Washington State Attorney General asked the Supreme Court of the State of Washington to allow the Washington Department of Revenue to implement and collect the capital gains tax struck...more

Nutter McClennen & Fish LLP

Key Considerations When Planning for the Massachusetts ‘Millionaires Tax’

On November 8, 2022, Massachusetts voters approved an amendment to the Massachusetts Constitution imposing, effective January 1, 2023, a surtax of 4% on an individual’s annual taxable income to the extent it exceeds $1...more

Allen Matkins

The Legislature Has Recessed But Can It Still Pass Bills?

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Because this is the second year of California's current legislative biennium, the legislature went into final recess on August 31.  J.R. 51(b)(3).  This does not mean, however, that the legislature has adjourned.  A recess is...more

Foster Garvey PC

The Washington State Capital Gains Tax May Have More Than Nine Lives – The Saga Continues With the State Attorney General...

Foster Garvey PC on

As I previously reported, the Washington state capital gains tax has had a turbulent ride, commencing with a rough ride through the legislative process where it almost hit disastrous terrain on at least six (6) occasions....more

Blank Rome LLP

Look at What the Tax Does and Raise Everything to Win!

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The Washington State Superior Court, Douglas County, (“Superior Court”) recently relied on the Washington State Constitution to invalidate the new Washington Capital Gains Tax (“WACGT”). Quinn/Clayton v. Washington, Douglas...more

Foster Garvey PC

The Turbulent Ride for Washington's New Capital Gains Tax May Have Come to a Screeching Halt

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As previously reported on May 7, June 17 and November 4 of last year, two lawsuits were filed in Douglas County Superior Court in Washington, seeking a declaration that the state’s new capital gains tax is unconstitutional....more

Foster Garvey PC

Two Lawsuits Are Better Than One – A Second Lawsuit Was Filed to Strike Down the New Washington State Capital Gains Tax

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As I previously reported, on May 4, 2021, Washington State Governor Jay Inslee signed Senate Bill 5096 ("SB 5096") into law, creating the state's first capital gains tax. It is set to go into effect on January 1, 2022....more

Lewitt Hackman

2020 Ballot: California’s Propositions 15, 19 Amend Tax on Real Property

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Of the twelve statewide ballot propositions certified to appear on the ballot for the upcoming election on November 3, 2020, two seek to amend the taxation of real property in California. Before diving into the proposed...more

Moore & Van Allen PLLC

MVA Monitor - November 2019

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With some tricks and treats of their own, the General Assembly (sort of) adjourned for the year on Halloween. However, the break won’t last long. The General Assembly will be back in less than two weeks to redraw...more

Bowditch & Dewey

$2 Billion in New Taxes Proposed

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It appears as though the “millionaire’s tax” is back in play in Massachusetts. On Friday, January 18, Massachusetts State Senator Jason Lewis (D-Winchester) and Representative James O’Day (D-Worcester) filed legislation that...more

Bradley Arant Boult Cummings LLP

Surging Economy Boosts Alabama 2018 General Fund and ETF Revenues - SALT Alert: Alabama Edition

On October 29, the well-respected Public Affairs Research Council of Alabama (PARCA), headquartered at Samford University, issued a useful report finding Alabama’s “booming economy” had generated substantially increased tax...more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Rules Tax on Trust Unconstitutional

On Friday, the North Carolina Supreme Court issued its opinion in a closely watched state tax case, holding the state’s taxation of a trust unconstitutional. In The Kimberley Rice Kaestner 1992 Family Trust v. North Carolina...more

Stoel Rives LLP

Tax Law Alert: Pending Oregon Legislation Would Decouple Oregon from Federal Tax Reforms

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SB 1528 provides, in part, that in calculating Oregon taxable income a taxpayer must add back any IRC § 199A deduction taken for federal purposes. An earlier version of SB 1528 also would have modified Oregon’s preferential...more

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